Businesses, both large and small, can be one huge lawsuit away from bankruptcy. And, that is not just if a court finds against the business and awards a huge monetary award. Indeed, just litigation costs alone can become astronomical, and seemingly, never-ending, if a business owner is caught up in a never-ending lawsuit.
One type of never-ending lawsuit could be a discrimination lawsuit. However, there is a way to save money and, possibly settle it prior to the huge expense of a protracted litigation battle.
How can a lawsuit become never-ending?
Well, when we say, never-ending, we do not mean literally. Instead, we mean the feeling of it never ending because it drags on for years. This can happen with a Southeast Michigan discrimination case, easily. For example, when you get the notification from the U.S. Equal Employment Opportunity Commission (EEOC) about the accusation of discrimination, that is just the beginning.
They will undergo an investigation that could take months, if not longer. Then, once they make a finding, it will either go to an EEOC administrative law judge or federal district court, depending on what the parties elect. Then, that judge will rule and it can be appealed. In addition, final decisions within the court proceeding may be appealable as well.
If, at any of these levels, the appeals court sends something back to the lower court for further litigation, it may go up again on appeal. This is how Detroit litigation can last years, or even decades.
Alternative Dispute Resolution (ADR)
For any dispute, ADR is an option. Essentially, this is a dispute resolution process outside of the court system, where the parties can settle their dispute without the need for protracted litigation or a judge. Or, if the parties are unable to settle their dispute themselves, they can utilize arbitration to solve the dispute outside of the court system.
The EEOC offers an ADR option called mediation. In that process, an EEOC-trained mediator attempts to facilitate a Southeast Michigan settlement, whereby the aggrieved party or the victim gets the justice they want, and the company can resolve the matter quickly.
The EEOC Mediation Process is highly successful with over a 70% success rate, where the vast majority of claims are settled without any monetary component.